May 11, 2005, Introduced by Reps. Cushingberry, Tobocman and Cheeks and referred to the Committee on Judiciary.
A bill to amend 1953 PA 232, entitled
"Corrections code of 1953,"
by amending section 65 (MCL 791.265), as amended by 1998 PA 512.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 65. (1) Under rules promulgated by the director of the
department,
the assistant deputy director in charge
of the
bureau
of correctional facilities administration, except as
otherwise provided in this section, may cause the transfer or re-
transfer of a prisoner from a correctional facility to which
committed to any other correctional facility, or temporarily to a
state institution for medical or surgical treatment. In effecting a
transfer, the assistant director of the bureau of correctional
facilities may utilize the services of an executive or employee
within the department and of a law enforcement officer of the
state.
(2)
A prisoner who is subject to disciplinary time and is
committed
to the jurisdiction of the department shall be confined
in
a secure correctional facility for the duration of his or her
minimum
sentence, except for periods when the prisoner is away from
the
secure correctional facility while being supervised by an
employee
of the department or by an employee of a private vendor
that
operates a youth correctional facility under section 20g for 1
of
the following purposes:
(a)
Visiting a critically ill relative.
(b)
Attending the funeral of a relative.
(c)
Obtaining medical services not otherwise available at the
secure
correctional facility.
(d)
Participating in a work detail.
(2) (3)
As used in this section, "offender" means
a citizen
of the United States or a foreign country who has been convicted of
a crime and been given a sentence in a country other than the
country of which he or she is a citizen. If a treaty is in effect
between the United States and a foreign country, which provides for
the transfer of offenders from the jurisdiction of 1 of the
countries to the jurisdiction of the country of which the offender
is a citizen, and if the offender requests the transfer, the
governor of this state or a person designated by the governor may
give the approval of this state to a transfer of an offender, if
the conditions of the treaty are satisfied.
(3) (4)
Not less than 45 days before approval of a transfer
pursuant
to subsection (3) (2)
from this state to another
country, the governor, or the governor's designee, shall notify the
sentencing judge and the prosecuting attorney of the county having
original jurisdiction, or their successors in office, of the
request for transfer. The notification shall indicate any name
changes of the offender subsequent to sentencing. Within 20 days
after receiving such notification, the judge or prosecutor may send
to the governor, or the governor's designee, information about the
criminal action against the offender or objections to the transfer.
Objections to the transfer shall not preclude approval of the
transfer.
(5)
As used in this section, "secure correctional facility"
means
a facility that houses prisoners under the jurisdiction of
the
department according to the following requirements:
(a)
The facility is enclosed by a locked fence or wall that is
designed
to prevent prisoners from leaving the enclosed premises
and
that is patrolled by correctional officers.
(b)
Prisoners in the facility are restricted to the area
inside
the fence or wall.
(c)
Prisoners are under guard by correctional officers 7 days
per
week, 24 hours per day.